JUDGMENT : :

1. Present appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 15.12.2005, passed in Sessions Case No. 75 of 2005 by the learned Presiding Officer, 4th Fast Track Court, Sabarkantha at Himatnagar, recording the acquittal.

2. Brief facts are that on 16.11.2004 at about 8:00 a.m. deceased younger brother of the complainant namely Jayeshbhai was going to the field for fetching grass at that time, his neighbours Amrutbhai Monghabhai Parmar, Vinodbhai Amrutbhai Parmar, Rajubhai Amrutbhai and Ramanbhai Monghabhai Parmar – respondents herein – original accused were standing on the road, asked Jayeshbhai as to who had written chit (letter) to Dharmishtha to which, Jayeshbhai denied of having any information. Hence, the respondents – original accused got infuriated and started giving filthy abuses to Jayeshbhai and thereafter, gave kick and fist blows. At that time, complainant Ishwarbhai and his uncle Kantibhai Becharbhai intervened and got relieved Jayeshbhai, however, while leaving, the respondents allegedly, threatened to kill him. Afterwards, in the evening, when complainant -